JAI BHAGWAN vs STATE (GOVT. OF N.C.T. DELHI). Supreme Court, 30-10-2018
| Judge | HON'BLE MRS. JUSTICE R. BANUMATHI, HON'BLE MS. JUSTICE INDIRA BANERJEE |
| Court | Supreme Court (India) |
| Date | 30 October 2018 |
| Parties | JAI BHAGWANSTATE (GOVT. OF N.C.T. DELHI) |
| Docket Number | Crl.A. No.-002298-002298 / 2009 |
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2299 OF 2009
STATE (GOVT. OF NCT OF DELHI) ….Appellant
VERSUS
PANKAJ CHAUDHARY AND ORS. ….Respondents
With
CRIMINAL APPEAL NO.2298 OF 2009
J U D G M E N T
R. BANUMATHI, J.
These appeals arise out of the judgment dated 05.05.2009
passed by the High Court of Delhi in Criminal Appeal No.384 of
2000 in and by which the High Court allowed the appeal filed by the
respondents/accused thereby setting aside their conviction under
Section 376(2)(g) IPC passed by the trial court and the sentence of
imprisonment imposed upon them. By the impugned judgment, the
High Court also issued direction to lodge a complaint against the
appellants-police officials (CA No.2298/2009) for prosecuting them
under Sections 193 and 195 IPC.
1
Digitally signed by
MAHABIR SINGH
Date: 2018.10.30
15:39:52 IST
Reason:
Signature Not Verified
2. Case of prosecution is that the accused/respondents who
were living in the neighbourhood of the prosecutrix (PW-1) at
Shaheed Bhagat Singh Jhuggi Camp, Katwaria Sarai, entered her
jhuggi at about 09.00 PM on 28.07.1997 and demanded a bidi from
her. She refused to give them any bidi. Thereafter, they demanded
water which she again refused. The prosecutrix has alleged that
thereafter respondents/accused switched off the electricity and
accused/respondent No.2 Gunjesh Chaudhary caught hold of her
hands and the other three accused had torn her clothes and
committed rape on her in turn. The prosecutrix has alleged that she
raised an alarm and fell unconscious thereafter. On hearing the
alarm, Bashira Khatoon, mother of the prosecutrix (PW-3) came
there and saw the four accused/respondents coming out of the
jhuggi. Bashira Khatoon (PW-3) found the prosecutrix lying
unconscious inside the jhuggi. Police Control Room (PCR) van took
the prosecutrix to All India Institute of Medical Sciences (AIIMS)
hospital. At about 11.45 PM, the prosecutrix was medically
examined by Dr. Monika and it was noted in MLC (Ex.-PW6/A) that
there were "bruises of 4 x 4 cm on medial aspects of both thighs of
the prosecutrix". The blouse of the prosecutrix was found torn in the
back side along the left sleeve.
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